November 2017 - Selected Changes

Change Detail Effective as of
 Condition 8602

Health debts and health insurance arrangements are designed to ensure that temporary visa holders' health costs are not a burden on Australia’s health care system.

New condition 8602 will be introduced:  The holder must not have an outstanding public health debt.

Outstanding public health debt means a debt relating to public health or aged care services that has been reported to the Department as outstanding by a Commonwealth, State or Territory health authority and under an agreement between the authority and the Department.

This condition will be imposed for Subclasses 188, 300, 400, 403, 405, 407, 408, 410, 417, 457, 462,476, 485, 489, 500, 590, 600, 601, 602, 771,773 and 988.

 Schedule 1 of Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017

DISALLOWED IN THE SENATE ON 5 DECEMBER 2017

 For visa applications lodged on or after 18 NOV 2017
 Condition 8303

Condition 8303 will be amended to:

The holder must not become involved in:

(a) activities that endanger or threaten any individual; or

(b) activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

 Schedule 2 of Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017

DISALLOWED IN THE SENATE ON 5 DECEMBER 2017

 For visa applications lodged on or after 18 NOV 2017
 Condition 8304

A new condition 8304:

(1) The holder must use the same name to identify himself or herself in all official Australian identity documents.
(2) If the holder’s name changes, the holder must, as soon as practicable:
(a) notify the change to the issuer of any official Australian identity document held by the holder; and
(b) take all reasonable steps to ensure the change is given effect in relation to all official Australian identity documents held by the holder.
(3) For the purposes of this clause, an official Australian identity document includes any document of identity issued by any of the following:
(a) the Commonwealth or a State or Territory;
(b) an authority of the Commonwealth or of a State or Territory;
(c) an employee or official of the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory, who is acting in the course of his or her duties or functions as such an employee or official.

 It sends a clear message to temporary visa holders that identity fraud conducted by operating under more than one official identity is not acceptable and that such behaviour may result in visa cancellation and removal from Australia.

 Schedule 2 of Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017

DISALLOWED IN THE SENATE ON 5 DECEMBER 2017

 For visa applications lodged on or after 18 NOV 2017
 Condition 8564

 Existing  condition 8564 - the visa holder must not engage in criminal conduct will be imposed on a wider range of visas including bridging visas.

Schedule 2 of Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017

DISALLOWED IN THE SENATE ON 5 DECEMBER 2017

 For visa applications lodged on or after 18 NOV 2017
PIC4020 expanded

 PIC 4020 (1)(b) which relates to bogus documents, has been amended to broaden the powers to refuse a visa on the basis of bogus or fraudulent documents submitted in relation to visa applications:

(1) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Tribunal during the review of a Part 5-reviewable decision, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:

(a) the application for the visa; or
(b) a visa that the applicant held or applied for, in the period of 10 years before the application was made.

The intention behind amending subclause 4020(1) is to capture applicants who have engaged in a pattern of behaviour where they will withdraw their application once notified by the Department of suspected fraud, only to re-attempt their visa application after the period of 12 months has elapsed, using new genuine documents that withstand scrutiny.  This amendment will mean that a visa applicant who is currently, or has within the previous 10 years, provided bogus documentation or information that is false or misleading in relation to a visa application does not meet subclause 4020(1) and their application can be refused on this basis.

Schedule 2 of Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017

DISALLOWED IN THE SENATE ON 5 DECEMBER 2017

For visa applications lodged on or after 18 NOV 2017
RSMS - definition of Regional Australia

This instrument operates to specify bodies (known as Regional Certifying Bodies) to advise the Minister for the purpose of employer nominations of applicants for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The matters which these bodies may advise the Minister in relation to include whether there is a genuine need for the employer to employ the person and whether the position could be filled by an Australian citizen or permanent resident who is living in the same local area.

Perth have been removed from regional Australia.

IMMI 17/059: https://www.legislation.gov.au/Details/F2017L01460

For 187 Direct Entry Stream Nomination undecided on or after 17 November 2017
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The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents (direct link here). 

It prescribes obligations of migration agents towards their clients.


Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958 and is prescribed in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998.

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